The COVID Project
The record
- Jurisdiction
- Mississippi
- Level
- State
- Authority
- Senate Bill 3049, 2020 Regular Session (enrolled, 'As Sent to Governor'); codified at Miss. Code Ann. § 11-71-1 et seq.
- Issued
- 2020-07-08 July 8, 2020
- Effective
- 'from and after March 14, 2020' (§ 8; 'It is the intent of the Legislature that this act take effect retroactively') (read as 2020-03-14)
- End
- 'expire one (1) year after the end of the COVID-19 state of emergency' (§ 8; the emergency ended Nov. 20, 2021, Ex. MS-055), with liability for acts during its operation 'subject to its provisions in perpetuity' (read as 2021-11-20)
- In force
- Mar. 14, 2020 to Nov. 20, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOperating condition
- Addressees
- persons generally; every business, non-profit, association, religious and charitable organization and governmental entity ('person' as defined in § 2); owners, lessees and occupants of premises; health care providers and facilities (§ 4); product makers and sellers (§ 5)
- Character
- liability shield condition
- Collection
- Standing duties: Mississippi DUT-MS
Operative words
A person, or agent of that person, who attempts in good faith to follow applicable public health guidance shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services.
Penalty
Loss of the statutory immunity for the person who does not attempt in good faith to follow applicable public health guidance (exposure to ordinary tort liability)
What it required
Immunity from COVID-19 exposure suits runs only to the person 'who attempts in good faith to follow applicable public health guidance' (§ 3(1)) and to the owner, lessee or occupant of premises 'who attempts, in good faith, to follow applicable public health guidance' (§ 3(3)); 'Public health guidance' is 'written guidance related to the COVID-19 state of emergency that is issued by an executive agency or regulatory agency of the federal government or an executive agency of the State of Mississippi' (§ 2(k)); the immunities fall where the plaintiff proves 'by clear and convincing evidence' actual malice or willful, intentional misconduct (§ 6(1)).
Retrieval note9 pages; the bill's title recites that it provides 'SAFE HARBOR COMPLIANCE WITH PUBLIC HEALTH GUIDANCE'. Section 3(2) also immunizes conduct 'in the time before applicable public health guidance was available', which fixes the guidance as the measure of care once it existed. The Legislature thereby made federal and State executive-agency COVID-19 guidance (CDC; OSHA; MSDH; the Governor's orders) the standard of care for every Mississippi business from March 14, 2020.